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Will Thousands of OUI Cases Be Thrown Out in Massachusetts?
October 18, 2018

Will Thousands of OUI Cases Be Thrown Out in Massachusetts?

Posted in : First Page Attorney
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Have you been pulled over for suspected OUI and was a breathalyzer used to confirm the officer’s suspicion? You might be thinking that you’re out of luck in this situation, but your criminal defense lawyer might be able to help you. That’s because these breathalyzer machines might not be as accurate as the officer contended. A breathalyzer test is designed to capture the amount of alcohol in someone’s breath, but these are notoriously unreliable and problematic. It can be nerve-wracking if the officer says that the test shows you were under the influence of alcohol, but don’t rely on this as your only indication that you could be facing penalties.

Thousands of OUI cases in the State of Massachusetts might be thrown out as a result of accurate related to the Breathalyzers.  District attorneys are currently questioning the accuracy of the Breathalyzer devices that are often called into evidence for OUI cases.  In fact more than 36,000 different Breathalyzer tests in the State of Massachusetts could come with problems. Massachusetts district attorneys agreed with defense lawyers recently that breath tests on these machines cannot be used as evidence from June 2011 to September 2014, but the district attorneys agreed to extend that window to August 2017.  

The many criminal defense attorneys across Massachusetts who represent those accused of OUI want the use of these Breathalyzer tests excluded until the Office of Alcohol Testing receives appropriate accreditation. The proposed agreement would mean that the Office for Alcohol Testing has to apply for national accreditation by August 2019. DAs will still be able to try to use Breathalyzers as a credibility issue in OUI cases that led to a serious injury or a death, or was a fifth OUI offense.  If you have recently been accused of operating a vehicle under the influence of alcohol in Massachusetts, it is imperative to consult with an attorney immediately about how to best protect yourself.

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